Amc-bva

[VetsLady]

Hubby has a claim that was remanded back in March 09 for further development. Further development is done. AMC now has the claim and we are told it went to rating/decision on 9/10/09. Is there any reason why we can't call AMC to inquire as to the status of the claim? Don't want to step on toes, irritate anyone there and definetly want to keep a sharp eye on this. I received conflicting information elsewhere that AMC makes the decision then sends it on to BVA for final approval. Then, from another source, I'm advised that AMC will either approve or deny and should they approve, they will be the division that rates the claim. These were both from

1-800, who I know don't have the up-to-date info in their systems. I'd like to call the AMC directly - ideas?

Thank-you....

VetsLady

[Pete53]

No reason you can't call but what about an Iris Inquiry?

If the AMC approves they send it to the RO to finish. Almost all claims are finished at RO

[VetsLady]

No reason you can't call but what about an Iris Inquiry?

If the AMC approves they send it to the RO to finish. Almost all claims are finished at RO

This is the last IRIS we received.....

Since your file is not in our office we are unable to provide you with that information.

Sent an inquiry to the BVAOmbudsman....they gave me a phone number to call for info. I called. They took a message.

Don't want to be a pest, but I would like to know what is going on.

His SC% hasn't changed in the 1-800 dept so that tells me nothing is done yet, it's still in the process. I'm sure it takes some time for the systems

to catch up with each other.

We dropped AmLeg a couple of months ago. Too many staff changes to even count.

I think we'll give it another couple of days and then call. Perhaps by then some additional claims movement will have been done.

BTW, I was told that "decision" and "rating" are one and the same at the AMC. Seemed odd but I left it alone.

[akwidow]

May I ask for clarification, Pete53?

I understand what 'most' means...

so you are saying in your experience and observation, that after a "positive for the veteran" rating, or decision, has been made on a claim at AMC, that it goes to the RO for 'I' dotting and 'T' crossing? That means in my case, that my claim will go to Anchorage VARO for completion, as I and my late husband are and were Alaskans, and it is our originating RO?

What does AMC generally do in regard to processing on a negative decision for the veteran?

Thanks for your time,

[allan]

Most of the time, when the AMC tells you your claim is in rating or ready to rate status, it means it's put at the bottom of the pile that a team of raters pull their case's from. It could sit there up to two yrs before a rater is free to pick it up & start sifting through it.

If you sent in favorable evidence to the BVA, they will often just remand it back to the AMC where it collects dust for a good while. Then the AMC passes it back down to a VARO, not nessarilly to the original one you filed at.

It could go to any VARO contractors to process. St Petes takes many of them from the AMC. They can go through claims like water because they seldom read the evidence.

Once you recieve the denial/approval, the claim is sent back to the BVA for action. This could be ordering another IMO to shoot down your favorable one, approval, or denying and issuing a SOC or sending it back to the AMC where it will wait & wait before it's remanded back to a VARO to repete the same error's.

I don't believe it has to go back to your state nessarily. I've had mine sent to two different state VARO's other than mine so far.

There are raters at the AMC that can decide your claim & rate it without sending it elsewhere. But theres hundreds of thousands of claims in backlogs, so they get to very few. Most claims are sent out to contractors, who get bonuses for slam dunking as many claims as they can in as short of time as they can.

A signed waiver requesting the BVA to review & decide your evidence/claim instead of being remanded back to the AOJ level, gets the claim out of the hands of VARO level evaluations & their repeated errors.

Once you recieve a final SOC from the BVA, than your claim may be heard before the CAVC. Keep it in the hands of the BVA & out of VARO's if at all possible.

Once granted by the BVA, than the VARO's will decide how much your rating is & how much the award & retro pay you will recieve.

[allan]

VetsLady,

you can call the AMC 1-800# 10 times & get 10 different answers to the same questions.

Once a decision is reached, a SOC(statement of the case) is issued. A copy goes to you & your NSO or attorney.

If the claim is denied, you can file a NOD(notice of disagreement.

You will need to send in new evidence to rebut the BVA's denial or it will just get denied again.

[VetsLady]

VetsLady,

you can call the AMC 1-800# 10 times & get 10 different answers to the same questions.

Once a decision is reached, a SOC(statement of the case) is issued. A copy goes to you & your NSO or attorney.

If the claim is denied, you can file a NOD(notice of disagreement.

You will need to send in new evidence to rebut the BVA's denial or it will just get denied again.

Thanks for the input, I appreciate it. We've been at this since Feb.03 when the claim was originally filed.

I have learned alot since day 1, and, had I known then what I know now, my DH would have never signed a POA

to the SO we used. She had everything on the original claim, hang nail, hiccups, you could go on and on.

The main issues finally broke down to two. But this was several years later. Received SC in 4/08 for the DM2 and

1 issue remains on appeal.

Dialing 1-800 is a waste of time, today was a good day to waste some time. Your're right allan about the 10 answers,

I keep logs on all phone calls, correspondence, filing is all in order.....I did this for a living and in our own business.

My DH's claim got jacked around initially, after we filed the Form 9, we had a DRO de novo file review. Still denied.

So the waiting on getting a hearing date started, waited appx 4 years for that to happen. The VLJ took one look at the

file, one look at my husband, shook his head as if to say "wow, this VARO denied this guy?" with all this evidence? The

claim was remanded to obtain SSD records and a so-called stressor my husband does not recall, he does not have PTSD,

(the SO who filed his claim dx'd him with it), he has since been on 3 chemo 3 times, he was on when the claim was filed.

How he worked while going through it all is besides me.....and we worked together so I saw him 24/7. He is my hero.

Should we receive a denial from the BVA, I will happily respond the following day. All ducks in a row and ready to quack.

Sholuld he receive SS, yippee-ki-yo-ki-a and the happy dance commences.

BVA Budman told us that AMC in DC will be reviewing, deciding and rating his claim. He did sign a waiver to avoid going the

route of the original VARO as it was evident they screwed things up in the 1st place. Between them and a poor SO, his

claim was in the can from Day 1.

I'm surprised about the 2 years you say it will sit at AMC. That would be a shame so many Veterans and their families will be

affected. Ours included. You see, we know and understand my husband's claim is no more important than anyone else's and I'll tell someone waiting in

a line ie: at the airport, movies, etc., if they cut in line for no good reason. We hope he is still here in 2 years. We have hardship attached. His in-service

disease will never get better, only worse....how rapidly, we don't know. Coincidentally to be at this stage of the original claim and his health being where it is,

it's a surreal experience.

SS disabled him for a different cause, although the 2 issues with VA were listed (there were 4-5) the 1 SS chose was not one of those so he is not eligible for TDIU even at 70%. The SO suggested he file a TDIU claim 1 month prior to the hearing date, oh yeah....you can bet that stalled action on the file. SO hadn't not sent the additional evidence to DC prior to the BVA videocon hearing on the original claim issues. Yes, I brought a copy and Mr. VLJ rapped their fingers for not having sent it in....they had plenty of time. Actually, I get more correct info from 1-800 than from dialing the SO, so we too the POA off and since the hearing had already occurred, it was not an issue. I can still see the VLJ's face when he realized the SO hadn't sent the evidence in, when he saw my husband's arm, when he knew the local VARO couldn't tell right from left, and had rebutted against their own doctor who examined him (he got a more likely than not Nexus from that doc in his report) and we had one from the treating physician as well, plus photographs, well documented claim evidence and alot of it. Organized. Labeled. and, sent via Certified Mail/RR requested.

His SC disease is worsening as well and I'll need to reopen that claim probably sooner than later...we'll know more next week after his doctor appt.

I really want to know if AMC is going to be deciding this claim & rating it. If it denies, then I believe we can send it back to BVA, although I'd rather not (I'd love to see the VLJ's notes from the hearing!) If we end up back at BVA and start chasing our tails, a trip to DC might be in my agenda or,....we'll end up in the Judicial system.

Let's hope we don't have to go that route.

Thanks again for input.....appreciate it Veteran!

VetsLady